The 3rd Circuit Court of Appeals in Philadelphia had thrown out the FCC fine as arbitrary. But the U.S. Supreme Court ordered the court to reconsider, leading to new arguments Tuesday.

CBS lawyer Robert Corn-Revere says the FCC had always applied the same decency standards to words and images - and excused fleeting uses. Janet Jackson appeared bare-breasted in the halftime show for nine-sixteenths of a second.

But FCC lawyer Jacob Lewis says the duration of the offense is not the only factor. And he argues that CBS was warned the act might include some shocking surprises.